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Ministers approve electronic tagging for offenders

Photo by Glenn TuckerMonitored: MPs have approved the electronic tagging for offenders on bail, probation and parole. Pictured is an electronic ankle tag used in a pilot programme last year.

Offenders on bail, probation or parole will have their every move monitored when their ankles are fitted with electronic tags.Politicians have agreed to monitor the round-the-clock movements of men and women in a bid to tackle Bermuda’s antisocial behaviour problems.They have unanimously passed the Electronic Monitoring Act 2011 agreeing that “those who act irresponsibly” only have themselves to blame for having their freedom restricted.The new law gives criminals the opportunity to prove they can live crime-free lives, but an alert will be sent out if any tagged person goes anywhere they are not supposed to be.Government Estates Minister Michael Scott told the House of Assembly yesterday that the authorities would monitor the movements of those on bail, probation and parole using Internet, cellular and GPS technology.Mr Scott, who is the former Attorney General, called electronic tagging an “innovative and cost-effective” way to protect the public and help criminals reintegrate into society.He went on to say electronic tagging was “a useful tool for law enforcement” and “a first for our Country”.The electronic devices have been on the market for “well over a decade” and are successfully used in jurisdictions such as the UK, US and Cayman Islands.Mr Scott said electronic monitoring would be particularly useful to keep sex offenders away from no-go zones like schools and playgrounds and to monitor those with curfews.Anyone who tries to sabotage or interfere with the operation of their ankle tag faces a fine of $4,000 or two years in prison.Deputy Speaker Randy Horton said the legislation was much needed as “gangs were wreaking havoc in our community”.He said he hoped electronic tagging would help to reduce rising prison costs, as criminals would be prevented from returning to their old ways.Mr Horton said: “The use of electronic monitoring will be successful in our jurisdiction. It’s time for us to make this step.”Government backbencher Terry Lister said he hoped electronic tagging would ensure offenders were released from prison earlier.He described prison as “college for criminals”, suggesting that was where people “really learn their criminal ways”.Electronic tagging was first explored more than five years ago and yesterday’s debate came two months after Government announced it had partnered with Bermuda Security Group (BSG) for a one-year pilot scheme.One Bermuda Alliance raised concerns about the new law being long overdue and questioned the fairness and transparency of the tendering process.Shadow Public Works Minister Mark Pettingill said it was “absolutely shameful” that electronic tagging had become “a commercial enterprise” with “a lucrative contract”.He said he had presented an extensive report on electronic tagging about three years ago and “it should have been implemented straight away”. He said instead Government was “taking all the credit and making it look like their idea”.Mr Pettingill said: “It’s a good idea all round, but I have some serious, serious issues.“I’d love to be able to stand up and say ‘hallelujah, isn’t this wonderful’. It’s a good thing and it can have an impact, but the whole thing stinks.“At the risk of sounding like a clairvoyant, I know how it’s going to go … It’s going to become another scandal.“Yes, here we go again …. there has been scandalous conduct and the public should be made aware.”Mr Pettingill said “everyone raved about” another company that demonstrated the product for free but that company had not been contacted again.He also highlighted that the electronic monitors had batteries that quickly ran out and relied on cell rather than satellite coverage, so “there will be blankets of areas where they don’t work”.Shadow Attorney General and Justice Minister Trevor Moniz and Shadow Community Development Minister Donte Hunt echoed Mr Pettingill’s comments.Mr Moniz said the legislation had “followed a skewed route” as electronic tagging “was an idea put forward by this side of the House”. He also said the tendering process was “flawed and not a level playing field” and called for “a more open and fair process”.Mr Hunt said any tendering process “should embrace good governance and integrity and transparency. It’s something we should expect from our Government”. He suggested if inferior equipment was used it would “come at a cost to Bermuda”.Meanwhile National Security Minister Wayne Perinchief said he was going to ignore the political fallout to focus on electronic tagging “helping to deter criminals and enforce the law”.He admitted Bermuda was “perhaps a little late” to start using the tracking devices, but was full of praise for what he called their “very dramatic results”.Mr Perinchief said: “I welcome this as another tool in the arsenal of authority to break up antisocial behaviour.“We have the equipment and legislation to have an impact on the gang situation.”However, Mr Perinchief went on to say he expected the “civil libertarians to come out the woodwork … waving their flags and banging their drums”.But he urged people to “consider the balance” between responsible and irresponsible behaviour. He said: “Some of our people are not good people and need to have their freedom restricted. If they act irresponsibly, they have to be brought under control.”Kim Swan and Charlie Swan, elected as members of the UBP, said they supported the new law but it should have been put in place sooner as Bermuda’s law-abiding citizens “are living in fear”.Kim Swan also expressed doubts about the tendering process and accused Attorney General Kim Wilson of “a public relations exercise” when she wore an ankle tag a couple of years ago. He said she “displayed a bit of leg” and “got the attention of the public in doing so”.Charlie Swan brought up several scenarios that had occurred in other countries, including a woman who removed her false leg after an ankle tag had been fitted and a man who managed to enter a banned area because the GPS system failed.He said: “We need to get the details right, this system cannot fail.”Mr Scott addressed the concerns of politicians by saying “no money whatsoever” had been handed over and said it was “an open and fair tendering process” with three companies submitting tenders for the contract. Mr Scott also explained the delays had been down to funding.